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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961678272Patrons-- Hargrove, Abbitt, Armstrong, Bennett, Bryant, Clement, Hall, Ingram, Kilgore, Mims, O'Brien, Shuler, Stump, Tate and Way; Senators: Bolling, Chichester, Norment, Reasor and Waddell
Be it enacted by the General Assembly of Virginia:
1. That §§ 45.1-181 and 45.1-184.2 of the Code of Virginia are amended and reenacted as follows:
§ 45.1-181. Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department.
It shall be unlawful for any operator to engage in any mining operation in
Virginia, without having first obtained from the Department a permit to engage
in such operation and paying a fee therefor of twelve dollars per acre for
every acre of land to be affected by the total operation for which plans have
been submitted, which shall be deposited in the state treasury in a special
fund to be used by the Director for the administration of this chapter.
Such permits shall not be transferable. A permit shall be obtained
prior to the start of any mining operation. If within ten days of the
anniversary date of the permit the Director, after inspection, is satisfied
that the operation is proceeding according to the plan submitted to and
approved by him, then the Director shall renew the permit upon payment of a
renewal fee by the operator of six dollars per acre for land to be affected by
the total operation in the next ensuing year. The renewal fees shall be
deposited in the state treasury in the special fund set out above. If the
operator believes changes in his original plan are necessary or if additional
land not shown as a part of the approved plan of operation is to be disturbed,
he shall submit an amended plan of operation which shall be approved by the
Director in the same manner as an original plan and shall be subject to the
provisions of this section and §§ 45.1-182.1 and 45.1-183 hereof. A
separate permit must be secured for each mining operation conducted.
Application for a mining permit shall be made in writing on forms prescribed by
the Director and shall be signed and sworn to by the applicant or his duly
authorized representative. The application, in addition to such other
information as may be reasonably required by the Director shall contain the
following information: (1) the common name and geologic title, where
applicable, of the mineral to be extracted; (2) a description of the land upon
which the applicant proposes to conduct mining operations, which description
shall set forth: the name of the county or city in which such land is located;
the location of its boundaries and any other description of the land to be
disturbed in order that it may be located and distinguished from other lands
and easily ascertainable as shown by a map attached thereto showing the amount
of land to be disturbed; (3) the name and address of the owner or owners of the
surface of the land; (4) the name and address of the owner or owners of the
mineral, ore or other solid matter; (5) the source of the operator's legal
right to enter and conduct operations on the land to be covered by the permit;
(6) the total number of acres of land to be covered by the permit; (7) a
reasonable estimate of the number of acres of land that will be disturbed by
mining operations on the area to be covered by the permit during the ensuing
year; (8) whether any mining permits of any type are now held by the applicant
and the number thereof; (9) the name and address of the applicant, if an
individual; the names and addresses of all partners, if a partnership; the
state of incorporation and the name and address of its registered agent, if a
corporation; or the name and address of the trustee, if a trust; and (10) if
known, whether the applicant, or any subsidiary or affiliate or any
partnership, association, trust or corporation controlled by or under common
control with applicant, or any person required to be identified by item (9)
above, has ever had a mining permit of any type issued under the laws of this
or any other state revoked or has ever had a mining or other bond, or security
deposited in lieu of bond, forfeited.
The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan and meeting the following requirements:
(a) Be prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in such a manner as to be acceptable to the Director;
(b) Identify the area to correspond with the land described in the application;
(c) Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area which lie within 100 feet of any part of the affected area;
(d) Be drawn to a scale of 400 feet to the inch or better;
(e) Show the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area affected and within 500 feet of such area;
(f) Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected;
(g) Show the date on which the map was prepared, the north arrow and the quadrangle name;
(h) Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage and the streams or tributaries receiving the discharge.
Upon receipt of a written request by any landowner on whose property a sand and gravel operation is permitted pursuant to this section, the operator of the sand and gravel operation shall provide a copy of the map, photograph or plan to the landowner.
No permit shall be issued by the Department until the Director has approved the plan of operation required in this section and § 45.1-182.1 and the bond from the applicant as required in § 45.1-183.
§ 45.1-184.2. Succession of one operator by another at uncompleted project.
Where one operator succeeds another at any uncompleted operation, whether by
sale, assignment, lease, merger, or otherwise, the Director may release the
first operator from all liability under this chapter as to that particular
operation and transfer the permit to the successor operator;
provided, however, that the successor operator has been issued a permit
and has otherwise complied with the requirements of this chapter, and the
successor operator assumes as part of his obligation under this chapter, all
liability for the reclamation of the area of land affected by the first
operator. No fee, or any portion thereof, paid by the first operator shall be
returned to either operator. The permit fee for the successor operator for the
area of land permitted by the first operator shall be six dollars per acre,
except as provided by § 45.1-180.4. The mining permit for the successor
operator shall be valid for one year from the date of issuance and shall be
renewed thereafter in accordance with the provisions of this chapter.